What are the legal obligations of a landlord in regards to the return of a tenant’s security deposit?
In California, landlords have legal obligations when it comes to the return of security deposits from tenants. First, a landlord must provide the tenant with an itemized list of deductions made from the security deposit. This list must include the date of the deductions, the cost of the repairs, and the name of the person or company hired to do the repairs. The landlord must also provide the tenant with an invoice or receipt for any repair charges. Second, a landlord must return the tenant’s security deposit within 21 days after the tenant moves out of the rental unit. If the landlord does not return the full security deposit amount within 21 days, the landlord must provide the tenant with an explanation of any deductions and provide the tenant with proof of payment to the person or company that provided the repairs. Third, a landlord is prohibited from using a security deposit to cover normal wear and tear of the rental unit. The landlord must also keep records of any repairs made to the rental unit for at least three years, in case the tenant disputes the return of the security deposit. Finally, if the tenant or the landlord sues each other, the landlord must return the security deposit within 14 days of the court’s decision. If the court finds in favor of the tenant, the landlord must return the entire security deposit and may also be liable for court costs and damages.
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